🤝 Psychosocial trial support
In brief
Psychosocial trial support is a special form of non-legal, informative and accompanying support for victims of crime before, during and after a main hearing. Trial supporters prepare you for examination situations, accompany you to appointments and help you cope with the psychological strain of the proceedings – but they provide no legal advice and do not replace legal representation. The basis is the Act on Psychosocial Trial Support in Criminal Proceedings (PsychPbG), which has applied since 1 January 2017, in conjunction with §§ 406g, 406h StPO.
For certain serious offences – essentially the same ones for which free legal representation as a joint plaintiff regardless of income is available (§ 397a Abs. 1 Nr. 4 to 6 StPO, in particular for minors or particularly vulnerable victims of sexual and violent offences) – there is a legal entitlement to the appointment of a trial supporter (§ 406g Abs. 3 StPO). In other cases, an appointment can be made if the victim's particular vulnerability requires it (§ 406g Abs. 4 StPO, discretionary decision). In both cases the trial support is free of charge for those affected.
Step by step
- Check your entitlementClarify – ideally with the support of a lawyer or advice centre – whether the offence gives rise to a legal entitlement to appointment.
- Make the applicationThe application for appointment is made to the court, usually via a lawyer or an advice centre.
- Choose certified trial supportThe federal states keep lists of certified trial supporters; where possible you can make the choice yourself.
- Use the supportThe support ideally begins before the first examination and lasts until the main hearing has concluded.
Deadlines
- Psychosocial trial support is not legal advice and does not replace legal representation – the two forms of support complement each other.
- The legal entitlement under § 406g Abs. 3 StPO applies only to the groups of people named there (including minors or particularly vulnerable victims of serious sexual and violent offences); in other cases it is a discretionary decision of the court.
- Trial support must be provided by certified professionals – approval is governed by state law on the basis of the PsychPbG.
In depth · legal basis, figures and practice – for advisers and professionals
Legal bases
The Act on Psychosocial Trial Support in Criminal Proceedings (PsychPbG) entered into force on 1 January 2017 and regulates the qualification and approval of trial supporters. The procedural basis for the appointment is found in §§ 406g, 406h StPO.
Mandatory and discretionary appointment (§ 406g Abs. 3 and 4 StPO)
Under § 406g Abs. 3 StPO, injured parties who meet the requirements of § 397a Abs. 1 Nr. 4 to 6 StPO (in particular injured parties who are minors in cases of sexual or serious violent offences, as well as injured parties who cannot safeguard their interests themselves for other reasons) are to be appointed psychosocial trial support on application. For the equally serious offences named in § 397a Abs. 1 Nr. 1 to 3 StPO (including felonies under § 177 StGB, attempted homicide offences, serious assault), an appointment can be made if particular vulnerability requires it (§ 406g Abs. 4 StPO).
Relationship to joint plaintiff status
Psychosocial trial support is available regardless of whether the injured person joins as a joint plaintiff; the two institutions can be combined but serve different purposes – one accompanies, the other provides legal representation.
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